New Planning Commissioners assume their seats, expect a busy year

The now-fully manned Warren County Planning Commission met February 12 and after Chairman Robert Myers (Happy Creek district) opened the meeting, disposing of the agenda and prior meeting minutes, there were no citizen presentations, allowing the commission to move right into public hearings for commission action. Attending for the first time were Commissioners Crystal Beall (South River), and Scott Jersjes (North River).

A public hearing was held regarding a Conditional Use Permit requested by Asa and Andrea Foss for a short term tourist rental at 653 Whitney Lane, Bentonville, in the South River Magisterial District. Planning Director Taryn Logan provided the commission with a briefing on the request. The applicants purchased the property as a weekend getaway for family and friends, and seek to offset the cost of taxes and maintenance of the property by also using it as a tourist rental. The health department had approved the property for an occupancy of up to 8 persons. Ms. Logan indicated that all permit-related notifications had been completed and that the staffing process was delayed to allow the subdivision homeowners association to have a meeting to consider the proposal. The planning director then listed the necessary conditions for the department to recommend approval to the commission:

1. The applicant complies with all Warren County Health Department requirements, with the maximum number of occupants not to exceed 8

2. Annual well water testing

Suzanne Savage speaks to the Planning Commission to oppose the proposed use. Photos and video by Mark Williams, Royal Examiner.

Ms. Logan then briefed the commission that the department had received two letters from other property owners in the Timberland Manor Estates subdivision. The Chairman then opened the floor for public comments. Four community members, Ann Tompkins, Deborah Haynes, Roy Lee, and Suzanne Savage, addressed the commission to oppose the proposed use. Common concerns included the loss of the “flavor of the neighborhood”, security of the subdivision, increased traffic, potential loss of privacy, and “miscommunication or misunderstanding” regarding the number of days the applicant’s property could be occupied by short-term guests. Mr. Lee told the commission that a land survey he had commissioned revealed that the applicant’s driveway was partly on Mr. Lee’s land, and he was not bothered by it until this new change was proposed. He indicated that the driveway would now have to be moved and a fence constructed. He indicated that he currently uses his property on weekends, but hoped eventually to retire there and is concerned about people being there that should not be. Ms. Savage, another near neighbor to the subject property, spoke to express her adamant opposition to the proposed change. She made the distinction between a Bed & Breakfast, which would typically have a host on-site, and an AirB&B which often does not.

She cited the result of a vote taken by the owners association as 12 opposed, and 7 in favor. Ms. Savage indicated that it would take 17 property owners to change the association covenants, which was not likely. She alleged that the manager identified by the applicants was not ”on-site” and would not be able to easily respond in case of an issue. She did not want strangers in the neighborhood that she did not know. She was also concerned about tenants with dogs.

Mr. Foss indicated that he strove to live by the golden rule with “no exceptions” and listed several provisions in the terms and conditions that were responsive to the concerns of the neighborhood, including banning ATVs, fireworks, and loud music.

The final speaker was the property owner, Asa Foss. He indicated that he and his wife enjoyed hosting friends and family at their property and only wished to fund improvements to the property by occasionally renting it out. He pointed out that his property is the first one as you enter the neighborhood. The nearest house is only occupied a few weeks a year. Mr. Foss indicated that he strove to live by the golden rule with “no exceptions” and listed several provisions in the terms and conditions that were responsive to the concerns of the neighborhood, including banning ATVs, fireworks, and loud music. He indicated they had delayed the application process to allow the neighborhood association time to discuss the proposal at a formal meeting.

After the public hearing, Commissioner Crystal Beall (South River) asked about the management for the property. The Applicant responded that he was local and very responsible. I had maintained the property for the previous owner and was highly regarded. The second new commissioner, Scott Jersjes (North River), asked how far away in miles the manager lived. Mr. Foss indicated “two or three”.

Once the applicant had answered commissioner’s questions, Vice-Chairman Hugh Henry (Fork District) commented that each permit of this type was unique, but that short term rentals had generally improved properties when contrasted with long-term rentals, due to more regular maintenance, the existence of property management plans, and the need to preserve the marketability of the product. He supported the general idea that a person ought, within reason, to be able to do what he wants with his property. He observed that the pluses with this proposal are that the property is in the front of the subdivision and not the back, and there is a very good setback from the neighbors. Mr. Henry acknowledged the issue with the driveway easement as a real issue, but separate from the permit issue, and one that would have to be settled between the two property owners affected.

Chairman Myers reminded the applicant that this is a conditional use permit, and that if the conditions are violated, the permit can be taken away, and that the planning department can perform checks to determine compliance. On a motion by Commissioner Henry, seconded by Commissioner Joe Longo, the commission unanimously voted to forward the package to the Warren County Board of Supervisors with a recommendation for approval.

The second public hearing was opened by the chairman to consider a Conditional Use Permit for a short term tourist rental requested by Sean O’Reilly for his property at 317 Old Barn Lane, in the south river magisterial district. Planner Matt Wendling provided a briefing for the Commission and indicated that the applicant had been involved in short-term tourist rentals for approximately 10 years. The dwelling was built in 2019 as a short-term tourist rental business to support local businesses and showcase the area’s natural resources. The subdivision in which the property is located does have an HOA, and the planning received an E-Mail from the HOA indicating that short-term rental is specifically allowed by the HOA covenants and that the HOA had no objection to the proposed use. Mr. Wendling further specified the conditions for the permit:

1. Compliance with all Warren County Health Department regulations, and occupancy not to exceed 8 persons

2. Annual well water testing

Sean O’Reilly explains to the Planning Commission his experience with short-term rental property.

Mr. Wendling indicated that all permit-related notifications had been completed. There were no questions from the commissioners, so the public hearing was opened. The only speaker was the applicant, Mr. O’Reilly. His remarks touched on his experience with short-term rentals and acknowledged that there is often fear of the effects of having new people in town, but he has found it to be a great experience to get away and relax, end everyone has an interest in preserving peace and quiet, both tenants and neighbors. He added that the booking systems such as AirB&B and HomeAway have added review processes for both the homeowners and the guests. This allows the homeowner to “vet out” the partiers and problem guests. The system can then reduce the risk of a bad tenant experience. There were no questions from the commissioners. Commissioner Jersjes introduced a motion to recommend approval, and Vice Chairman Henry seconded. The motion was unanimously approved, and the permit request will now go to the Board of Supervisors for approval.

The commission then turned to requests for authorization to advertise, the preliminary step before public hearings for requested changes of use.

Joseph Coleman has requested a conditional use permit for a short-term tourist rental for his agriculturally zoned property at 37 Wellspring Road in the South River magisterial district. Ms. Logan indicated that a management plan will be required to be submitted for planning department review before a public hearing. The property is not located in an area with a homeowners association and the property would meet the county’s setback requirements. The building is a converted church. Motion to approve the authorization to advertise was introduced by Vice-Chairman Henry, seconded by Commissioner Longo. The Commission voted unanimously to approve.

Jody T. Lee has requested a conditional use permit for private camping on his residentially-zoned property in the Man-Da-Lay subdivision on Burma Road in the North River Magisterial District. Mr. Wendling told the commission that the applicant purchased the property in 2016 and did not know that a conditional use permit was required for camping until told by the Planning department. He seeks to bring the property into compliance. He seeks to use the property for seasonal camping and have access to the North Fork of the Shenandoah River. There have not been any conditional use permits issued for this property although other properties in that subdivision have been issued similar permits for recreational use. There would be a requirement for an RV to be on the site for 180 consecutive calendar days, and the site would be subject to inspection to ensure compliance. The property is located in a special flood zone, so an emergency plan would be required to provide for evacuation in case of a flood event. Commissioner Jersjes asked if there would be a limitation on the number of RVs on the site. Mr. Wendling indicated that 2 RVs would be the maximum per parcel or contiguous parcels. Vice-Chairman Henry moved to approve the authorization to advertise. Commissioner Longo seconded and the Commission voted unanimously to approve.

Tony and Shasta Haun have requested a conditional use permit for private camping on their residentially-zoned property in the Man-Da-Lay subdivision on Burma Road in the North River Magisterial District. Chairman Myers pointed out that this was an adjoining property to the one previously considered. This property is also located in a special flood zone, so a flood emergency evacuation plan would be required. There would also be a requirement for an RV to be on the site for 180 consecutive calendar days, and the site would be subject to inspection to ensure compliance. Mr. Wendling indicated that the property owners were notified at the same time as Mr. Lee of the requirement for a permit. It has not been the subject of any previous conditional use permits. Vice-Chairman Henry moved to approve the authorization to advertise. Commissioner Longo seconded and the Commission voted unanimously to approve.

Planning Director Logan then introduced the 2019 Planning Department Annual report and provided the commission with some highlights before submission to the Board of Supervisors. The July 1, 2019 population of Warren County including the Town of Front Royal was 39,936. 150 new housing permits were issued during 2019, which equates to a .88% growth rate, well within the comprehensive plan goal to not exceed 2% annual growth. The Planning commission completed and adopted a Strategic Vision for the County in 2019. The commission approved 20 Conditional Use Permits last year, of which 9 were for short-term tourist rentals, and five for private camping. 2019 Commission projects included the review of a request for a new training facility for the Warren County Fire & Rescue, a zoning ordinance change and conditional use permit for expansion of a facility for the Backroom Brewery, and review of a rezoning request for a 20-acre site just north of the jail for Equus Capital Partners to create an industrial site and 324,000 SF warehousing facility. The commission also spent a lot of time in 2019 on the Crooked Run West proposal for rezoning and development, which was eventually withdrawn. Work is ongoing surrounding the redevelopment of the former Capital One bank site for a multitenant building that will contain Five Guys, Chipotle, and one additional unspecified business. Finally, the commission reviewed the development of a new Chapel at Christendom College, currently under construction.

The planning Director welcomed all the new commissioners and assured them that this will be a busy year. Vice-Chairman Henry moved that the commission accept the Annual report and forward it to the Board of supervisors. Commissioner Jersjes seconded, and the commission voted unanimously in favor.

Chairman Myers and Vice Chairman Henry welcomed all the new Commissioners, as did Kaitlin Jordan, Assistant County Attorney. Mr. Wendling assured the commissioners that the Planning Department staff looks forward to serving them. Mr. Petty, the Zoning Administrator, indicated that he intends to bring some County Code text amendments to them, and is working with the County Attorney’s office to ensure they are in harmony with State and Federal codes.